[200 Highest 7274]

1. From July 21, 2020 to 01:40 on July 21, 2020, the Defendant: (a) stolen the victim B by carrying in the Libya, which was prepared for freezing a freezing (tentatively called “Abab”) equivalent to KRW 500,000 at the market price of the victim B, by taking advantage of the gap where the surrounding management was neglected in the “D” parking lot located in Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu.

[200 Highest 7851]

2. On August 22, 2020, the Defendant: (a) around 00:13, the victim E, the owner of the business in Bupyeong-gu Incheon Metropolitan City, used a gap in the surveillance of the leavingshore in front of the store, and used the gap in which the victim E, who was the owner of the business in front of the store, has neglected surveillance, carried one wheel, which is equivalent to KRW 20,000 of the market price of the victim’s ownership, and loaded one wheel on the hand room from August 27, 2020, from that time, up to three times in total, as indicated in the list of crimes, the Defendant stolen three wheels.

Summary of Evidence

1. On August 27, 2020, around 01:50 on August 27, 2020, the Defendant’s partial statement witness B and E’s legal statement, the Defendant asserted that there was no intention to larceny, since the Defendant and his defense counsel knew that each damaged article as indicated in the judgment was brought about by the Defendant, and thus, they did not have intention to larceny. According to each of the above evidence, each damaged article as indicated in the judgment was stored in a place where the right of possession of each victims was infringed, and the intent of the victims and possession and possession of each of the above damaged article can be sufficiently recognized. Accordingly, the above assertion by the Defendant and his defense counsel cannot be accepted).

1. Relevant Article 329 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 thief (decision on a thief) (decision on a thief). The thief for general property.